Local officials may avoid Open Meeting Law fines under proposed AG rules

Local officials can be fined up to $1,000 if they “knowingly” violate the Open Meeting Law. Currently, knowledge of the law is presumed, but the Attorney General has issued a proposed regulation that would allow some officials to escape punishment if they unintentionally violate the law.

The proposed regulation would define “knowing or knowingly” under the Open Meeting Law, G.L.c. 30A, §§ 18-25 and 940 CMR 29.00. It says:

Knowing or Knowingly means acting with specific intent to violate the law, acting with deliberate ignorance of the law’s requirements, or acting in violation of the law where the public body or public body member has been informed previously by receipt of a decision from a court of competent jurisdiction or advised by the Attorney General that such conduct violates the law. Where a public body or public body member has made a good faith attempt at compliance with the law, but was reasonably mistaken about its requirements, such conduct will not be considered a knowing violation of G.L.c. 30A, §§ 18 through 25.

Wakefield Selectman and attorney Tiziano Doto said the proposed regulation clarifies the rules for public officials like himself.

“Specific intent is required,” Doto said. “I think that makes sense.”

The AG proposed the regulation late last month, and her office will review public feedback to the proposed regulation and conduct an internal review before submitting the language to the secretary of state for publication later this year.